Legal Question in Family Law in Texas
I married a man who was never legally divorced from his first wife. Since our marriage was never "legal" do I have to get a formal divorce. I am asking because I will be getting married FOR REAL this time and I need to know if there is any loose ends that I need to tie up before the big day. I also have no idea where my former illegal spouse is...
1 Answer from Attorneys
Question: At the time you married him, did you know about the prior unresolved marriage?
I assume that the two of you never acquired any property and didn't have any children. In order to tie up all the loose ends, you should file a suit to declare your marriage void. You would serve your former illegal spouse by publication.
Believe me, if you win the lottery next year, your "former illegal spouse" will suddenly show up.
By the way, your situation is discussed at length in a case called Davis vs. Davis (521 SW2d 603, 1975) if you ever want to read up on it.
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